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Advocacy group's lawsuit claims Florida is failing to protect springs and waterways

Florida spring flowing into river
Steve Newborn
/
WUSF Public Media
A boom separates a freshwater spring on the right from the darker tannic-stained Santa Fe River.

The nonprofit Florida Springs Council says the Department of Environmental Protection has yet to enact rules to protect the integrity and quality of springs, as was mandated by lawmakers in 2016.

Florida's springs are world famous for their clarity and their size, pouring millions of gallons of gin-clear water into rivers. 

But they're threatened with nutrient pollution, as well as being siphoned for drinking water from companies such as Nestlé and Zephyrhills. 

The nonprofit Florida Springs Council is suing the state Department of Environmental Protection. They're saying the department has failed to enforce state laws on the books since 2016 to define what is considered harmful to waterways. 

The 2016 state law requires regulations — but the DEP has failed to act. 

Council Executive Director Ryan Smart says adopting rules would put limits on how much water companies can withdraw from springs, which can affect the health of rivers downstream. 

“And I think it would move water to the highest value sources,” Smart said. “We're still at a point now where we're giving out permits for a million gallons a day to water bottling companies and spring systems that are already suffering significant harm.” 

Rachael Curran is an attorney at the Jacobs Public Interest Law Clinic for Democracy and the Environment, based at Stetson University in Gulfport. She is working with the council on their lawsuit

“After eight years, we still don't even have a proposed rule. We only have these draft rules, which left in draft form are meaningless and unchallengeable,” she said. “So that leaves us here with this complaint that we've filed.” 

Many springs have become tinged with green, as nutrients flow underground into springs from septic tanks and agricultural runoff. 

The lawsuit was filed in Hernando County, because it is home to world-class springs like the Weeki Wachee and Chassahowitzka.

People swimming in springs
Steve Newborn
/
WUSF Public Media
Gilchrist Blue Springs in North Florida

The council says 80% of Outstanding Florida Springs — granted special protections by the Florida Legislature — are impaired by excessive nutrient pollution — diminishing the value of these natural wonders for nature and visitors alike. Many of these springs are also suffering “significant harm” due to overpumping by utilities, intensive agriculture and commercial industries.

The state law passed in 2016 says in part:

"For Outstanding Florida Springs, the department shall:

  • Adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful to the water resources.
  • Adopt by rule a uniform definition of the term 'harmful to the water resources'"

The Department of Environmental Protection has 20 days to respond to the lawsuit. State environmental officials said they would not comment on ongoing lawsuits.

person diving into a spring
Steve Newborn
/
WUSF Public Media
Weeki Wachee Springs

Steve Newborn is a WUSF reporter and producer at WUSF covering environmental issues and politics in the Tampa Bay area.
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